Legislation Legal  
&
Ongoing Lawsuit Involves Spontaneous  
Breakage of Tempered Glass  
woman is seeking hundreds of eral contractor,glass fabricators and con- codes, regulations and standards and  
thousands of dollars in damages tract glazier for damages of $800,000. thus Plaintiffs are barred from or not en-  
for injuries she says were sus- The suit alleges the defendants’ negli- titled to recovery herein against this an-  
tained from broken glass at a federal gence in properly warning of and/or pre- swering defendant.” It adds that the  
building in Kansas City, Mo. venting the glass’spontaneous breakage. plaintiffs “have failed to join necessary  
In April of 2013, Social Security Ad- All named defendant,including J.E.Dunn parties,including,but not limited to,the  
ministration employee Jessie Cobbins Construction,Insulite Glass Co.of Olathe, building manager responsible for the up-  
alleges she sustained permanent per- Kan., Bratton Corp., Cimmaron Electric keep of the building and informing De-  
sonal injuries due to a tempered glass and Skyline Design of Chicago, deny the fendants of any alleged defect in the  
A
door at a federal office building that allegations.  
finished building.”  
exploded” as she attempted to unlock  
In its answer,door installer Bratton,as-  
serts it“at all times complied with all ap-  
J.E. Dunn was the general contractor  
it, according to court documents.  
Cobbins filed a lawsuit against the gen- plicable government and industry laws,  
continued on page 32  
DOC to Investigate Chinese Aluminum Extruder  
he U.S. Department of Com- inquiry. The AEC submitted evidence it Orders, and/or represents a later-de-  
merce (DOC) is conducting an says proves Zhongwang, through a se- veloped product that can be consid-  
T
anti-circumvention investigation ries of affiliated exporters and U.S. im- ered subject to the Orders.  
The DOC will not order the suspen-  
of aluminum extrusions into the United sion of liquidation of entries of any ad-  
on Chinese aluminum extruder China porters, “has poured billions of pounds  
Zhongwang.  
The Aluminum Extruders Council (AEC) States and Mexico in recent years, ditional merchandise at this time.  
filed a petition with the DOC last October, much of which just sits in warehouses However, if the Department issues a  
accusing Zhongwang of evading duties and open fields.”  
on aluminum extrusions imported into “The evidence provided in the sub- “it will then instruct U.S. Customs and  
the U.S. The DOC decided that while mission also demonstrates the lengths Border Protection to suspend liquida-  
050 alloyed aluminum extrusions are to which Zhongwang has systematically tion and require a cash deposit of esti-  
preliminary affirmative determination,  
5
not expressly covered by the scope of its evaded the antidumping/countervailing mated duties, at the applicable rate, for  
orders, it initiated the anti-circumvention duties by exporting extrusions into the each unliquidated entry of the mer-  
investigation to determine whether im- U.S. in a variety of forms, which have chandise at issue, entered or withdrawn  
ports of 5050 alloyed extrusions have only one thing in common: they have from warehouse for consumption on or  
been circumventing the anti-dumping been manipulated solely for the pur- after the date of initiation of the in-  
and countervailing duties.  
We applaud the DOC’s decision,” tinue to be subject to the orders,”  
says Jeff Henderson, who was recently Henderson said in February.  
elected president of the AEC. “… We Now that it is moving forward, the the company’s response to the allega-  
pose of evading duties and should con- quiry,” according to AEC.  
In October, the Chinese business  
publication The Standard reported that  
look forward to the industry receiving DOC will determine whether the mer- tions is that it “always exports products  
relief from this duty evasion scheme.” chandise subject to the inquiry in- under trade rules,” adding that products  
Based on information in the AEC’s pe- volves either a minor alteration to sent to the United States “are deep-  
tition, the DOC found there is sufficient subject merchandise in such minor re- processed ones excluded from anti-  
basis to initiate an anti-circumvention spects that it should be subject to the dumping and anti-subsidy rules.”  
30  
USGlass, Metal & Glazing | May 2016  
www.usglassmag.com  
Lconetignuiesdlation&Legal  
for a project that involved the installa-  
tion of the glass doors,which were fab-  
ricated by Insulite and Skyline Design,  
according to court documents.  
Cobbins claims that the glass was de-  
fective and that the defendants had  
knowledge of at least three other similar  
doors in the building that shattered prior  
to the incident,and that they:  
Failed to warn of the danger of the  
shattering of the tempered glass in  
said doors, and/or  
Failed to take any steps to warn that  
such tempered glass doors were sub-  
ject to spontaneous shattering or  
breakage from a foreign inclusion.  
Failed to provide users with any  
knowledge or information concern-  
ing any steps which could be taken to  
protect themselves from injury from  
the shattering of the tempered glass  
in said doors; and/or  
Failed to take any steps to provide fur-  
ther stability to said doors or provide  
any information on how they may have  
been stabilized further; and/or  
Failed to take any steps to further  
strengthen said doors or provide any  
information on how they may have  
been further strengthened; and/or  
Failed to take any steps to modify said  
doors,or advise that they should be so  
modified,so that,when shattered,they  
would remain in place in their frames,  
and not spontaneously burst apart.  
Robert K.Ball II and Martin M.Gorin  
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were the counsel of record for Cobbins  
and her husband, Robert, but they  
withdrew from the case in February,  
stating they have reached an “impasse  
as to the value of their case.”The attor-  
neys add that they are “unwilling to  
invest time, energy and expense” in  
what they feel will “turn out to be a  
hopeless venture.”  
As of press time, the Cobbins needed  
to either retain new counsel or decide to  
represent themselves,and had until May  
6 to disclose expert witnesses. Defen-  
dants have until June 6 to do the same.  
A final pretrial conference is scheduled  
for December 8,and the case is scheduled  
for a jury trial February 21,2017. s  
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32  
USGlass, Metal & Glazing | May 2016  
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